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Whistleblowers Australia |
LegislationState Public-Sector Employeesg |
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Statutory Provisions (for public-sector whistleblowers) |
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New
South Wales The
provisions below variously provide for the following: Misconduct that
includes taking reprisals
or detrimental action against a whistleblower, a right of appeal
against
disciplinary action on the basis that it is substantially a reprisal, a
statutory obligation on all employers to safeguard the health, safety
and welfare
of all employees, and provision for a document to be exempt from
release under FOI if it
contains a protected disclosure. Section
43(1) of the Public Sector Employment & Management Act Section 24
of the Government & Related Employees Appeal Tribunal Act Section 206
of the Police Act 1990 Section 8
of the Occupational Health & Safety Act 2000 Schedule 1,
clause 20(d) of the Freedom of Information Act 1989 Note: The
Independent Commission Against Corruption, Ombudsman and Police
Integrity Acts
include the same statutory protections as the Protected Disclosures Act
(NSW)
1994 and criminal (only) offences for taking reprisal action against
persons who
assist them in their investigations.
The
provisions below variously provide for the following: Appeals against
victimization or
discrimination, a review of disciplinary action, unfair treatment or
transfers under
Equal Opportunity (EO) legislation, and in QLD (only) a claim for
unfair
dismissal. Section 16
of the Equal Opportunity Act (Cth) Section
9(2)(b) of the Equal Opportunity Act (SA) 1984 Section
s.73(2)(f)(i) of the Industrial Relations Act (QLD) 1998 Section
15(4) of the Equal opportunity Act (WA) 1984
Public
Service Act 1999 s.16 Parliamentary
Service Act 1999 s.16 Workplace
Relations Amendment (Codifying Contempt Offences) Act 2004 Fair Work
Act 2009, Part 3-1 of Chapter 3
For all
legislation go to http://www.austlii.edu.au/. Private-Sector Executives and Employees Corporations
Act (Cth) 2001 s.1317 (A-E), s.89 Corporate
Law Economic Reform Program (Audit Reform and Corporate
Disclosure) Act 2004: Also known as CLERP 9.
Refer to http://www.asic.gov.au/asic/asic.nsf/byheadline/CLERP+9
Trade
Practices Act 1974 [cartel provisions] Fair
Work Act 2009, Part 3-1 of Chapter 3 and
for other employment-related information,
go to http://www.fwa.gov.au.
For all
legislation go to http://www.austlii.edu.au/
Persons Other Than Public-Sector Employees/Officials There is no
statutory system of protection available in NSW for public-spirited
persons or
citizens who want to blow the whistle on (say) government contractor
misconduct, fraud, waste, or a potential threat to public health or
safety or
the environment. That is, there is no protection covering (e.g.)
concerned parents,
other bystanders, government contractors, employees of an NGO, charity
workers, or
volunteers in any area. The
Tasmanian act does extend its cover to government contractors. Queensland
does allow any 'person' to blow the whistle, but only about a
public-sector
threat of harm to a disabled person or to the environment.
Victoria, South Australia and Western Australia allow any 'person' to make a public-interest disclosure about wrongdoing in the public sector. There is no
act that bridges the divide between the public’s interest in the public
and
private sectors. |